What critisms would you make of the current law on non-fatal offences against the person?

Non-fatal offences against the person include assault, battery, actual bodily harm (ABH) and grievous bodily harm (GBH) in its two forms. However, there is no clear statutory definition for either assault or for battery, while definitions of the more serious offences are contained in an Act passed back in 1861, with much of the vocabulary old-fashioned and even misleading. This shows that there is a gap in the law. Law Commission has also seen this as a problem within the law and has produced a draft of a Criminal Law Bill to reform this area and create an offence that would cover this area.

Apart from there not being a clear definition, the hierarchy of the offences can also be criticised. The maximum sentence for assault and battery is 6 months imprisonment and s.47 can be 5 years imprisonment. The only real difference between them is that actual bodily harm is caused- yet ABH can mean as little as causing discomfort to the person.

Grandville : Cent Proverbes

Domestic violence in Spain 1998-2007

City of Fresno domestic violence statistics.

Also the s.20 offence is defined as a much more serious offence than s.47 however, they share the maximum sentence of 5 years imprisonment. Another problem with the sentencing on non-fatal offences against the person is that the only difference between s.20 and s.18 is arguably a slightly more serious mens rea and yet the maximum sentence leaps from five years to life imprisonment. However, s.18 has the mens rea of murder and only chance decides if the person survives and stopping the defendant being charged with murder.

There are also problems with the law of non-fatal offences against the person within domestic violence. This can be a problem because police approach to domestic violence is to avoid involvement. It may also be a problem getting wives or girlfriends to give evidence against their...

Citation styles:

What critisms would you make of the current law on non-fatal offences against the person?. (2005, September 08). In WriteWork.com. Retrieved 16:00, December 09, 2016, from http://www.writework.com/essay/critisms-would-you-make-current-law-non-fatal-offences-aga

WriteWork contributors. "What critisms would you make of the current law on non-fatal offences against the person?" WriteWork.com. WriteWork.com, 08 September, 2005. Web. 09 Dec. 2016.

WriteWork contributors, "What critisms would you make of the current law on non-fatal offences against the person?," WriteWork.com, http://www.writework.com/essay/critisms-would-you-make-current-law-non-fatal-offences-aga (accessed December 09, 2016)

Reviews of: "What critisms would you make of the current law on non-fatal offences against the person?":

More Law & Government Essays essays:

... suffrage upon anyone, and that the constitutions and laws of several states which commit that important trust to men alone are not necessarily void." meaning that the Constitution does not give the right to vote to everyone and that the constitutions and laws of the states ...

... definition of employment was that there was a contract of service' which Mr. Quinnens did not have. Mr. Quinnens actually ... 40% more on average over women's and in 1992 that gap had narrowed to 25%. Woman in low ... , equal pay for both sexes and what's changed since the law was made an Act of Parliament. ...

... criminal domestic violence complaints were issued. For January 1994, the number was more than 100. Nationally, estimates range from 2 to 4 million women assaults ... and reporter was the Simpson case. Children are often the unseen victims of domestic abuse. they see one of their parents being harmed and ...

... has been one of the organization's priority issues since 1975, and was the theme of national conferences in 1984 and 1988. Through the years, NOW activists have challenged anti-lesbian and gay laws and ballot initiatives in many states. Over 15 years ago, NOW ...